Jitendra @ Jitu Ishwarbhai Koli ... vs State Of Gujarat
2021 Latest Caselaw 9769 Guj

     R/CR.MA/12993/2021                                   ORDER DATED: 28/07/2021



        IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
        R/CRIMINAL MISC.APPLICATION NO. 12993 of 2021
             In R/CRIMINAL APPEAL NO. 1003 of 2021
                              With
CRIMINAL MISC.APPLICATION (FOR SUSPENSION OF SENTENCE) NO.
                            1 of 2021
              In R/CRIMINAL APPEAL NO. 1003 of 2021
                              With
               R/CRIMINAL APPEAL NO. 1003 of 2021
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                  JITENDRA @ JITU ISHWARBHAI KOLI PATEL
                                   Versus
                            STATE OF GUJARAT
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Appearance:
MR PRATIK B BAROT(3711) for the Applicant(s) No. 1
for the Respondent(s) No. 2
MS JIRGA JHAVERI, ADDL.PUBLIC PROSECUTOR(2) for the
Respondent(s) No. 1
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 CORAM:HONOURABLE MS. JUSTICE SONIA GOKANI
       and
       HONOURABLE MR. JUSTICE RAJENDRA M. SAREEN
                     Date : 28/07/2021
                      ORAL ORDER

(PER : HONOURABLE MS. JUSTICE SONIA GOKANI)

1. Seeking condonation of delay of 145 days in preferring the criminal appeal, present application has been preferred under Section 5 of the Limitation Act.

2. The applicant is original accused in Special (POCSO) Case No.8 of 2017, which came to be tried by the Special Judge (POCSO), Bharuch for the alleged commission of offence under Section 376 of the Indian Penal Code and Section 4 of the Protection of Children from Sexual Offences (POCSO) Act, 2012 and Section 3(2)(v) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act.

R/CR.MA/12993/2021 ORDER DATED: 28/07/2021

2.1 The Court after the trial has convicted the applicant for the offence punishable under Section 376 of the Indian Penal Code as also under Section 4 of the Protection of Children from Sexual Offences (POCSO) Act, 2012 and Section 3(2)(v) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act. Against the judgment of conviction and sentence awarded on 22.08.2019 by the trial Court, the appeal is preferred before this Court by the applicant-accused for which the delay of 145 days has been caused and he seeks the condonation of delay for this period.

3. We have heard the learned advocate, Mr.Pratik Barot appearing for the applicant, who has also submitted that the complainant has been joined as an opponent in wake of the requirement as a conviction is also under the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act.

4. Rule, returnable on 09.08.2021. Learned APP waives service of notice of Rule for and on behalf of the respondent-State.

5. Respondent No.2 be served through the concerned police station.

(SONIA GOKANI, J)

(RAJENDRA M. SAREEN,J) M.M.MIRZA